Bentham

John Stuart Mill

Section 1

[Bentham's Method]

A man of great knowledge of the world, and of the highest reputation for practical talent and sagacity among the official men of his time (himself no follower of Bentham, nor of any partial or exclusive school whatever) once said to us, as the result of his observation, that to Bentham more than to any other source might be traced the questioning spirit, the disposition to demand the why of everything, which had gained so much ground and was producing such important consequences in these times. The more this assertion is examined, the more true it will be found. Bentham has been in this age and country the great questioner of things established. It is by the influence of the modes of thought with which his writings inoculated a considerable number of thinking men, that the yoke of authority has been broken, and innumerable opinions, formerly received on tradition as incontestable, are put upon their defence, and required to give an account of themselves. Who, before Bentham (whatever controversies might exist on points of detail) dared to speak disrespectfully, in express terms, of the British Constitution, or the English Law? He did so; and his arguments and his example together encouraged others. We do not mean that his writings caused the Reform Bill, or that the Appropriation Clause owns him as its parent: the changes which have been made, and the greater changes which will be made, in our institutions, are not the work of philosophers, but of the interests and instincts of large portions of society recently grown into strength. But Bentham gave voice to those interests and instincts: until he spoke out, those who found our institutions unsuited to them did not dare to say so, did not dare consciously to think so; they had never heard the excellence of those institutions questioned by cultivated men, by men of acknowledged intellect; and it is not in the nature of uninstructed minds to resist the united authority of the instructed. Bentham broke the spell. It was not Bentham by his own writings; it was Bentham through the minds and pens which those writings fed,---through the men in more direct contact with the world, into whom his spirit passed. If the superstition about ancestorial wisdom has fallen into decay; if the public are grown familiar with the idea that their laws and institutions are in great part not the product of intellect and virtue, but of modern corruption grafted upon ancient barbarism; if the hardiest innovation is no longer scouted because it is an innovation,---establishments no longer considered sacred because they are establishments,---it will be found that those who have accustomed the public mind to these ideas have learnt them in Bentham's school, and that the assault on ancient institutions has been, and is, carried on for the most part with his weapons. It matters not although these thinkers, or indeed thinkers of any description, have been but scantily found among the persons prominently and ostensibly at the head of the Reform movement. All movements, except directly revolutionary ones, are headed, not by those who originate them, but by those who know best how to compromise between the old opinions and the new. The father of English innovation both in doctrines and in institutions, is Bentham: he is the great subversive, or, in the language of continental philosophers, the great critical, thinker of his age and country.

We consider this, however, to be not his highest title to fame. Were this all, he were only to be ranked among the lowest order of the potentates of mind,---the negative, or destructive philosophers; those who can perceive what is false, but not what is true; who awaken the human mind to the inconsistencies and absurdities of time-sanctioned opinions and institutions, but substitute nothing in the place of what they take away. We have no desire to undervalue the services of such persons: mankind have been deeply indebted to them; nor will there ever be a lack of work for them, in a world in which so many false things are believed, in which so many which have been true, are believed long after they have ceased to be true. The qualities, however, which fit men for perceiving anomalies, without perceiving the truths which would rectify them, are not among the rarest of endowments. Courage, verbal acuteness, command over the forms of argumentation, and a popular style, will make, out of the shallowest man, with a sufficient lack of reverence, a considerable negative philosopher. Such men have never been wanting in periods of culture; and the period in which Bentham formed his early impressions was emphatically their reign, in proportion to its barrenness in the more noble products of the human mind. An age of formalism in the Church and corruption in the State, when the most valuable part of the meaning of traditional doctrines had faded from the minds even of those who retained from habit a mechanical belief in them, was the time to raise up all kinds of sceptical philosophy. Accordingly, France had Voltaire, and his school of negative thinkers, and England (or rather Scotland) had the profoundest negative thinker on record,---David Hume; a man, the peculiarities of whose mind qualified him to detect failure of proof, and want of logical consistency, at a depth which French sceptics, with their comparatively feeble powers of analysis and abstractions stop far short of, and which German subtlety alone could thoroughly appreciate, or hope to rival.

If Bentham had merely continued the work of Hume, he would scarcely have been heard of in philosophy. for he was far inferior to Hume in Hume's qualities, and was in no respect fitted to excel as a metaphysician. We must not look for subtlety, or the power of recondite analysis, among his intellectual characteristics. In the former quality, few great thinkers have ever been so deficient; and to find the latter, in any considerable measure, in a mind acknowledging any kindred with his, we must have recourse to the late Mr. Mill,---a man who united the great qualities of the metaphysicians of the eighteenth century, with others of a different complexion, admirably qualifying him to complete and correct their work. Bentham had not these peculiar gifts; but he possessed others, not inferior, which were not possessed by any of his precursors; which have made him a source of light to a generation which has far outgrown their influence, and, as we called him, the chief subversive thinker of an age which has long lost all that they could subvert.

To speak of him first as a merely negative philosopher,---as one who refutes illogical arguments, exposes sophistry, detects contradiction and absurdity; even in that capacity there was a wide field left vacant for him by Hume, and which he has occupied to an unprecedented extent,---the field of practical abuses. This was Bentham's peculiar province: to this he was called by the whole bent of his disposition: to carry the warfare against absurdity into things practical. His was an essentially practical mind. It was by practical abuses that his mind was first turned to speculation,---by the abuses of the profession which was chosen for him,---that of the law. He has himself stated what particular abuse first gave that shock to his mind, the recoil of which has made the whole mountain of abuse totter; it was the custom of making the client pay for three attendances in the office of a Master in Chancery; when only one was given. The law, he found, on examination, was full of such things. But were these discoveries of his? No; they were known to every lawyer who practised, to every judge who sat on the bench, and neither before nor for long after did they cause any apparent uneasiness to the consciences of these learned persons, nor hinder them from asserting, whenever occasion offered, in books, in parliament, or on the bench, that the law was the perfection of reason. During so many generations, in each of which thousands of educated young men were successively placed in Bentham's position and with Bentham's opportunities, he alone was found with sufficient moral sensibility and self-reliance to say to himself that these things, however profitable they might be, were frauds, and that between them and himself there should be a gulf fixed. To this rare union of self-reliance and moral sensibility we are indebted for all that Bentham has done. Sent to Oxford by his father at the unusually early age of fifteen; required, on admission, to declare his belief in the Thirty-nine Articles,---he felt it necessary to examine them; and the examination suggested scruples, which he sought to get removed, but instead of the satisfaction he expected was told that it was not for boys like him to set up their judgment against the great men of the Church. After a struggle, he signed; but the impression that he had done an immoral act, never left him; he considered himself to have committed a falsehood, and throughout life he never relaxed in his indignant denunciations of all laws which command such falsehoods, all institutions which attach rewards to them.

By thus carrying the war of criticism and refutation, the conflict with falsehood and absurdity, into the field of practical evils, Bentham, even if he had done nothing else, would have earned an important place in the history of intellect. He carried on the warfare without intermission. To this, not only many of his most piquant chapters, but some of the most finished of his entire works, are entirely devoted: the ``Defence of Usury'', the ``Book of Fallacies''; and the onslaught upon Blackstone, published anonymously under the title of ``A Fragment on Government'', which, though a first production, and of a writer afterwards so much ridiculed for his style, excited the highest admiration no less for its composition than for its thoughts, and was attributed by turns to Lord Mansfield, to Lord Camden, and (by Dr. Johnson) to Dunning, one of the greatest masters of style among the lawyers of his day. These writings are altogether original; though of the negative school, they resemble nothing previously produced by negative philosophers; and would have sufficed to create for Bentham, among the subversive thinkers of modern Europe, a place peculiarly his own. But it is not these writings that constitute the real distinction between him and them. There was a deeper difference. It was that they were purely negative thinkers, he was positive: they only assailed error, he made it a point of conscience not to do so until he thought he could plant instead the corresponding truth. Their character was exclusively analytic, his was synthetic. They took for their starting-point the received opinion on any subject, dug round it with their logical implements, pronounced its foundations defective, and condemned it: he began de novo, laid his own foundations deeply and firmly, built up his own structure, and bade mankind compare the two; it was when he had solved the problem himself, or thought he had done so, that he declared all other solutions to be erroneous. Hence, what they produced will not last; it must perish, much of it has already perished, with the errors which it exploded: what he did has its own value, by which it must outlast all errors to which it is opposed. Though we may reject, as we often must, his practical conclusions, yet his premises, the collections of facts and observations from which his conclusions were drawn, remain for ever, a part of the materials of philosophy.

A place, therefore, must be assigned to Bentham among the masters of wisdom, the great teachers and permanent intellectual ornaments of the human race. He is among those who have enriched mankind with imperishable gifts; and although these do not transcend all other gifts, nor entitle him to those honours ``above all Greek, above all Roman fame'', which by a natural reaction against the neglect and contempt of the ignorant, many of his admirers were once disposed to accumulate upon him, yet to refuse an admiring recognition of what he was, on account of what he was not, is a much worse error, and one which, pardonable in the vulgar, is no longer permitted to any cultivated and instructed mind.

If we were asked to say, in the fewest possible words, what we conceive to be Bentham's place among these great intellectual benefactors of humanity; what he was, and what he was not; what kind of service he did and did not render to truth,---we should say he was not a great philosopher, but he was a great reformer in philosophy. He brought into philosophy something which it greatly needed, and for want of which it was at a stand. It was not his doctrines which did this, it was his mode of arriving at them. He introduced into morals and politics those habits of thought and modes of investigation, which are essential to the idea of science; and the absence of which made those departments of inquiry, as physics had been before Bacon, a field of interminable discussion, leading to no result. It was not his opinions, in short, but his method, that constituted the novelty and the value of what he did,---a value beyond all price, even though we should reject the whole, as we unquestionably must a large part, of the opinions themselves.

Bentham's method may be shortly described as the method of detail; of treating wholes by separating them into their parts, abstractions by resolving them into things, classes and generalities by distinguishing them into the individuals of which they are made up; and breaking every question into pieces before attempting to solve it. The precise amount of originality of this process, considered as a logical conception,---its degree of connexion with the methods of physical science, or with the previous labours of Bacon, Hobbes or Locke,---is not an essential consideration in this place. Whatever originality there was in the method,---in the subjects he applied it to, and in the rigidity with which he adhered to it, there was the greatest. Hence his interminable classifications; hence his elaborate demonstrations of the most acknowledged truths. That murder, incendiarism, robbery, are mischievous actions, he will not take for granted without proof; let the thing appear ever so self-evident, he will know the why and the how of it with the last degree of precision; he will distinguish all the different mischiefs of a crime, whether of the first, the second or the third order, namely, 1. the evil to the sufferer, and to his personal connexions; 2. the danger from example, and the alarm or painful feeling of insecurity; and 3. the discouragement to industry and useful pursuits arising from the alarm, and the trouble and resources which must be expended in warding off the danger. After this enumeration, he will prove from the laws of human feeling, that even the first of these evils, the sufferings of the immediate victim, will on the average greatly outweigh the pleasure reaped by the offender; much more when all the other evils are taken into account. Unless this could be proved, he would account the infliction of punishment unwarrantable; and for taking the trouble to prove it formally, his defence is, ``There are truths which it is necessary to prove, not for their own sakes, because they are acknowledged, but that an opening may be made for the reception of other truths which depend upon them. It is in this manner we provide for the reception of first principles, which, once received, prepare the way for admission of all other truths.'' To which may be added, that in this manner also we discipline the mind for practising the same sort of dissection upon questions more complicated and of more doubtful issue.

It is a sound maxim, and one which all close thinkers have felt, but which no one before Bentham ever so consistently applied, that error lurks in generalities: that the human mind is not capable of embracing a complex whole, until it has surveyed and catalogued the parts of which that whole is made up; that abstractions are not realities per se, but an abridged mode of expressing facts, and that the only practical mode of dealing with them is to trace them back to the facts (whether of experience or of consciousness) of which they are the expression. Proceeding on this principle, Bentham makes short work with the ordinary modes of moral and political reasoning. These, it appeared to him, when hunted to their source, for the most part terminated in phrases. In politics, liberty, social order, constitution, law of nature, social compact, &c., were the catchwords: ethics had its analogous ones. Such were the arguments on which the gravest questions of morality and policy were made to turn; not reasons, but allusions to reasons; sacramental expressions, by which a summary appeal was made to some general sentiment of mankind, or to some maxim in familiar use, which might be true or not, but the limitations of which no one had ever critically examined. And this satisfied other people; but not Bentham. He required something more than opinion as a reason for opinion. Whenever he found a phrase used as an argument for or against anything, he insisted upon knowing what it meant; whether it appealed to any standard, or gave intimation of any matter of fact relevant to the question; and if he could not find that it did either, he treated it as an attempt on the part of the disputant to impose his own individual sentiment on other people, without giving them a reason for it,---a ``contrivance for avoiding the obligation of appealing to any external standard, and for prevailing upon the reader to accept of the author's sentiment and opinion as a reason, and that a sufficient one, for itself''. Bentham shall speak for himself on this subject: the passage is from his first systematic work, ``Introduction to the Principles of Morals and Legislation'', and we could scarcely quote anything more strongly exemplifying both the strength and weakness of his mode of philosophizing:---

It is curious enough to observe the variety of inventions men have hit upon, and the variety of phrases they have brought forward, in order to conceal from the world, and, if possible, from themselves, this very general and therefore very pardonable self-sufficiency.

1. One man says, he has a thing made on purpose to tell him what is right and what is wrong; and that is called a `moral sense': and then he goes to work at his ease, and says, such a thing is right, and such a thing is wrong. Why? `Because my moral sense tells me it is.'

2. Another man comes and alters the phrase: leaving out moral, and putting in common in the room of it. He then tells you that his common sense tells him what is right and wrong, as surely as the other's moral sense did; meaning by common sense a sense of some kind or other, which, he says, is possessed by all mankind: the sense of those whose sense is not the same as the author's being struck out as not worth taking. This contrivance does better than the other; for a moral sense being a new thing, a man may feel about him a good while without being able to find it out: but common sense is as old as the creation; and there is no man but would be ashamed to be thought not to have as much of it as his neighbours. It has another great advantage: by appearing to share power, it lessens envy; for when a man gets up upon this ground, in order to anathematize those who differ from him, it is not by a sic volo sic jubeo, but by a velitis jubeatis.

3. Another man comes, and says, that as to a moral sense indeed, he cannot find that he has any such thing: that, however, he has an understanding, which will do quite as well. This understanding, he says, is the standard of right and wrong: it tells him so and so. All good and wise men understand as he does: if other men's understandings differ in any part from his, so much the worse for them: it is a sure sign they are either defective or corrupt.

4. Another man says, that there is an eternal and immutable rule of right: that the rule of right dictates so and so: and then he begins giving you his sentiments upon anything that comes uppermost: and these sentiments (you are to take for granted) are so many branches of the eternal rule of right.

5. Another man, or perhaps the same man (it is no matter), says that there are certain practices conformable and others repugnant, to the fitness of things; and then he tells you, at his leisure, what practices are conformable, and what repugnant; just as he happens to like a practice or dislike it.

6. A great multitude of people are continually talking of the law of nature; and then they go on giving you their sentiments about what is right and what is wrong: and these sentiments, you are to understand, are so many chapters and sections of the law of nature.

7. Instead of the phrase, law of nature, you have sometimes law of reason, right reason, natural justice, natural equity, good order. Any of them will do equally well. This latter is most used in politics. The three last are much more tolerable than the others, because they do not very explicitly claim to be anything more than phrases: they insist but feebly upon their being looked upon as so many positive standards of themselves, and seem content to be taken, upon occasion, for phrases expressive of the conformity of the thing in question to the proper standards, whatever that may be. On most occasions, however, it will be better to say utility: utility is clearer as referring more explicitly to pain and pleasure.

8. We have one philosopher, who says, there is no harm in anything in the world but in telling a lie; and that if, for example, you were to murder your own father, this would only be a particular way of saying, he was not your father. Of course when this philosopher sees anything that he does not like, he says, it is a particular way of telling a lie. It is saying, that the act ought to be done, or may be done, when, in truth, it ought not be done.

9. The fairest and openest of them all is that sort of man who speaks out, and says, I am of the number of the elect: now God himself takes care to inform the elect what is right: and that with so good effect, and let them strive ever so, they cannot help not only knowing it but practising it. If therefore a man wants to know what is right and what is wrong, he has nothing to do but to come to me.

Few will contend that this is a perfectly fair representation of the animus of those who employ the various phrases so amusingly animadverted on; but that the phrases contain no argument, save what is grounded on the very feelings they are adduced to justify, is a truth which Bentham had the eminent merit of first pointing out.

It is the introduction into the philosophy of human conduct, of this method of detail,---of this practice of never reasoning about wholes until they have been resolved into their parts, nor about abstractions until they have been translated into realities,---that constitutes the originality of Bentham in philosophy, and makes him the great reformer of the moral and political branch of it. To what he terms the ``exhaustive method of classification'', which is but one branch of this more general method, he himself ascribes everything original in the systematic and elaborate work from which we have quoted. The generalities of his philosophy itself have little or no novelty: to ascribe any to the doctrine that general utility is the foundation of morality, would imply great ignorance of the history of philosophy, of general literature, and of Bentham's own writings. He derived the idea, as he says himself, from Helvetius; and it was the doctrine no less, of the religious philosophers of that age, prior to Reid and Beattie. We never saw an abler defence of the doctrine of utility than in a book written in refutation of Shaftesbury, and now little read,---Brown's ``Essays on the Characteristics''; and in Johnson's celebrated review of Soame Jenyns, the same doctrine is set forth as that both of the author and of the reviewer. In all ages of philosophy one of its schools has been utilitarian, not only from the time of Epicurus, but long before. It was by mere accident that this opinion became connected in Bentham with his peculiar method. The utilitarian philosophers antecedent to him had no more claims to the method than their antagonists. To refer, for instance, to the Epicurean philosophy, according to the most complete view we have of the moral part of it, by the most accomplished scholar of antiquity, Cicero; we ask any one who has read his philosophical writings, the ``De Finibus'' for instance, whether the arguments of the Epicureans do not, just as much as those of the Stoics or Platonists, consist of mere rhetorical appeals to common notions, to eikota and semeia instead of tekmeria, notions picked up as it were casually, and when true at all, never so narrowly looked into as to ascertain in what sense and under what limitations they are true. The application of a real inductive philosophy to the problems of ethics, is as unknown to the Epicurean moralists as to any of the other schools; they never take a question to pieces, and join issue on a definite point. Bentham certainly did not learn his sifting and anatomizing method from them.

This method Bentham has finally installed in philosophy; has made it henceforth imperative on philosophers of all schools. By it he has formed the intellects of many thinkers, who either never adopted, or have abandoned, many of his peculiar opinions. He has taught the method to men of the most opposite schools to his; he has made them perceive that if they do not test their doctrines by the method of detail, their adversaries will. He has thus, it is not too much to say, for the first time introduced precision of thought into moral and political philosophy. Instead of taking up their opinions by intuition, or by ratiocination from premises adopted on a mere rough view, and couched in language so vague that it is impossible to say exactly whether they are true or false, philosophers are now forced to understand one another, to break down the generality of their propositions, and join a precise issue in every dispute. This is nothing less than a revolution in philosophy. Its effect is gradually becoming evident in the writings of English thinkers of every variety of opinion, and will be felt more and more in proportion as Bentham's writings are diffused, and as the number of minds to whose formation they contribute is multiplied.

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